The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-08-18

it means the cutting off of more than million
dollars of charitable requests and the division of
the estate, amounting to $40, 900, 900, be-
tween Mr.. DePauw's legal heirs.
This gives Miss Fannie NJ DePauw one
third of the residue of the estate after all debts
and obligations paid. and to each of the four
shidren. Sarah Z. McIasosh, Newland It. De-
PAW, Charles w. DePauw and Florence L.
DePauw, one-fourth of the remainder after Mrs
DePauw has her part, which is the same as one
sixth of the estate after debts are paid, and is
tho part demanded by Mrs Mcintosh in her
suit
The chief obligation against the estate is q
contract in accordance with which Asbury Uni
versity, at Greencastle, Ind, changed its name
to DePauw University, and Mr. DePauw in
return agreed to contribute to the endowment
fund of the university 50 for every 81 contributed
by anybody else. This contract was made with
The trustees of the university, and would hold
syen if the will were set aside. But it's terms
nave already been in a large measure complied
with, and the amount necessary to meet that
obligation in full would not be large.
The estate has been talked of in Louisville as
worth about $1,000, 900. This from the
publication of the appraised value of the per-
Bonal property alone at over ST., 900, 900. 1t IS
estimated that the glass works in New Albany,
owned outright by Mr.. DePauw, real estate in
twenty States, and mines recently acquired in
Mexico, will bring the value of the estate, with
all obligations paid. least So 900 O00 though
the estimate by the suit of Mrs Mcintosh puts
it at sc. 900. coo.
AT the higher figure Mrs Fannie DePauw.
upon the breaking of the will, would receive
So. 600 0U0 and each or the children 81, 500. 600
each. A large number of small devisees, rela-
tives and friends of Mr.. DePauw and his wife
and favored children. would receive nothing.
Also the DePauw College in New Albany, given
under the will $3.50, 900; the DePauw Home given
an equal amount: also the Young Mems Chris
tian Association, fund for 3uperannuated
ministers, and a number of other religious and
charitable institutions, would tgHshut out from
recovering a cent DePauw University, which
under the will receives 40 per cent OF the money
from the sale of all the property under the terms
of the will ten years hence, would, under the
law, get only the amount called for by its con-
tract of 1883. This would make difference to
the school of at least 81, 600, 900. So much
for the difference in the distribution of
the property. The breaking of the will means
people of New AlbanyNthat the estate will be
taken from the hands of the executors viz: Mr..
DePauw's wife and two sons, Peter X. Stoy, of
New Albany. and John NJ. Ray, of indianapolis,
and put in the hands of administrators appoint
ed by the court. The administrators would, of
course be selected in accordance with the wishes
of the heirs. but they would not be bound, as
are the executors to continue the operation of the
factories and the management of the great
interests in their for ten years
under practically the same conditions Mr..
DePauw left them. The administrators would,
IL is believed, either make failure of the man
Igement of the estate and be compelled to sell
out, or would under orders from the court, sell
out the property and divide It beforehand. In
Dither case the great factories at New Albany
would be interfered with in their operations,
probably shut down for long time, and might
possibly pass into new and inexperienced hands
and prove failures Any of these events would
throw large numbers OF workmen out or en-
ployment for time, greater or less, and the
prospect is locked upon by many almost as
pu bile calamity
Mrs. Mcintosh is left by the will property esti-
mated worth 800, 900 to 5000, 900. IL consists
In an annuity OF S., 900 year, and several farms
and other real estate near Salem, Ind. Certain
mill property mentioned in the will as TO be
given to her has been sold since the will was
made, March 20 1855. and she is cut out of that
much. Also, the property she gets is only
life interest, and after her death is left to her
children. If she can have the will set aside she
will get about 81, 100000 Internationally. to do
with as she pleases.
The stated ground for the suit is the formal
ground under the Indiana law ''unduly
cuted"
Mr.. III. E. Jewett of the counsel for Mrs. Nc
1ntosh, said to the Times reporter this morning
that this meant undue influence had been used
TO cut out Mrs. Mcintosh from equal share
with the other children. Gossip in New Albany
has 1t that the undue influence was exerted by
the present Mrs. DePauw. She is the third
wife. Her marriage with Mr.. DePauw was on
Jan. y, 1867 At that time Ella DePauw,
as MIS- MCINTOSH was Lnen Known, WAS ABOUT
sixteen. She was born at the old homestead at
Salem. Ind, the same left her in the will, and
had grown there. There her playmate in
childhood and companion she grew into girl
hood was Andrew j. Mcintosh. the son af on old
friend of her mother. Mr.. DePauw's first wife,
n Miss Maiott. Miss Malott had been married
to Mr.. DePauw when he was poor young j.,
man in Washington county, ard helped
him faithfully through all his early strug-
giles Now that Mr.. DePauw had become
wealthy. he moved to New Albany. The Salem
yirl had har
The bringing in a third wife, nee Miss Fannie
Legion. a beautiful young woman of family
of beautiful girls near New Albany, added to
the slight enstraneement that had sprung up
between father ana daughter account OF
young Mcintosh. Mr.. DePauw had objec-
lions, it is said except that Mcintosh was poor.
He was then about twenty-five years old, and
conductor on the L., ~ A and G. railroad.
Mr. DePauws objections, however. could not
be overcome. and when Ella was married to
Andrew Mcintosh Nov. 81, 1863 less
than year after her fathers marriage, it is said
Nj. DePauw was not present. The marriage,
aowever, was in the old Centenary Church, on
Spring street, Third. which has received
many benefactions from Mr.. DePauw, and the
ceremony was performed by the Rev. James Hill.
Miss DePauw was then about seventeen years
old. and beautiful girl. She had much of the
likeness of her father which has increased
MS she hes grown. older. After the marriage,
MIR. DePauw put aside his feelings and ser Mr..
Mcintosh up in business at Salem. Mcintosh
seemed to prosper fairly. Ten years after his
he got into politics and elected
sheriff of Washington county. He seems to
have lost money by his political We INJURIES, and
year or two after his term as sheriff
expired was financially in a failing con-
dition. He made at assignment four
years ago. 1t was with this that Mr. DePauw
IL is said, became Disguised He had made a
will in 1881 giving Mrs. Mcintosh a fair share in
his estate, bue in 1885, after the death of ia
vorite daughter by his present wife, he had to
revise this will. and account of McIntoshs
failure cur off the latter's wife with compare
lively small share.
Mr. Mcintosh has since been appointed dep
uty collector of internal revenue. and now holds
that Office He is said to be a man of unex-
ceptionable habits, and the only grounds of Of
Tense have been his lack Of success in money
making and his dabbline in politics. 1t is not
known that he ever had any personal disagree
ment with Mr.. DePauw.
Although Mrs. DePauw would have her share
OF the estate doubled by breaking the WILL and
the and Miss Florence would all get more
money than under the present ngement.
they will join with the executors in fighting the
suit